In order to forfeit a lease for a breach of covenant other than non-payment of rent, a landlord would first need to serve a notice pursuant to section 146 of the Law of Property Act 1925 on the tenant, specifying the breaches complained of and allowing the tenant a reasonable period to remedy the breaches (to the extent that they are capable of being remedied). For further guidance on the contents of a section 146 notice, see Practice

When it is asked, ‘can the landlord insist…?’ there are three matters to consider generally—first, the extent of the tenant’s reinstatement obligation, secondly, whether the landlord can obtain specific performance of that obligation and thirdly, if the tenant is in breach of that obligation, can the landlord obtain damages? The first issue (in the context of this question) is then whether it is possible that the tenant’s obligation is to remove a more advantageous installation at the end of the lease and put back an inferior one. The answer here is, yes—of course, it is possible. Ultimately, whether an obligation to reinstate arises in the lease itself or as one of the terms included in a deed of licence, the matter is one of the proper construction of the contract. In this connection, it should be noted

A tenant (individual or corporate body) who holds a long lease of a flat and has owned it for a continuous period of two years may serve a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) on their landlord(s) to extend their lease by the addition of 90 years to the unexpired term. The section 42 notice should be served on the competent landlord by hand to enable the tenant to track service. It is not necessary for the copies to be served by the same method but it is good practice to do so. A ‘competent landlord’ is the first landlord above the interest of the tenant with sufficient reversion to be able to grant a lease for an additional

A tenant is free to serve a break notice, or a notice to quit as appropriate, to terminate an assured tenancy and therefore assured shorthold tenancy (AST) (save that any such notice cannot be served prior to the grant of the tenancy, as it would be rendered unenforceable under the Housing Act 1988, s 5(5)). Once the tenant’s break notice/notice to quit has been validly served/exercised, the AST, and accordingly the statutory

Interim rent is the amount which it is reasonable for a tenant to pay whilst its business tenancy is continued pursuant to section 24 of the Landlord and Tenant Act 1954 (LTA 1954). Either the landlord or the tenant may make an application for an interim rent to be determined, provided the other party has not already made such an application (and it has not been withdrawn). An interim rent application

Where a tenant occupies premises for the purposes of a business, the tenancy will have the protection of Part 2 of the Landlord and Tenant Act 1954 (LTA 1954) unless it has been excluded in accordance with the provisions of LTA 1954, ss 23, 24 and 38. When the contractual term comes to an end, the landlord can only bring the tenancy to an end in accordance with the LTA 1954, usually by service of a section 25 notice. Such notice shall not have effect unless it states whether the landlord is opposed to the grant of a new tenancy to the tenant. It must also specify one or more of the grounds specified in LTA 1954, s 30(1) as the ground or grounds for his opposition. Even when a notice is served by the landlord which states that the grant of a new tenancy

Section 26(6) of the Landlord and Tenant Act 1954 (LTA 1954) provides: 'Within two months of the making of a tenant's request for a new tenancy the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section 30 of this Act the landlord will oppose the application.' Therefore, the two-month period runs from the making of the tenant’s request for a new tenancy. LTA 1954, s 66(4)

A break option allowing a tenant to determine its tenancy before the contractual expiry date will often require the tenant to comply with various pre-conditions in addition to the service of a break notice, such as payment of rent and providing vacant possession. Where the landlord and tenant have agreed a rent concession due to the coronavirus

The process of creating the new lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) involves two stages: • settling the ‘terms of acquisition’, and • drafting the form of the new lease so as to give effect to the terms of acquisition Either side may apply to the First-tier Tribunal (FTT) (in England) or Leasehold Valuation Tribunal (in Wales)

A qualifying tenant who has been the registered owner of a flat for two years may extend their lease pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). This process begins with the service of a LRHUDA 1993, s 42 notice, which is registerable under the Land Registration Act 2002 (LRA 2002) as if it were an estate contract. In circumstances where the notice has not been registered, it will not bind a purchaser of the freehold interest. However, that is not to say that the tenant is unable to sell the leasehold interest with the benefit of the section 42 notice. In fact, this is commonplace. The benefit of the section

This Q&A raises the issue of the identity of the landlord when a tenant commences a claim for a new tenancy under Part II of the Landlord and Tenant Act 1954 (LTA 1954). The importance of getting the point right will readily be apparent to those who practise in this field. If the claim for a new tenancy is not commenced within the time limits set down by LTA 1954, s 29, not only is the right to make it lost, but the existing tenancy will come to an end on the date specified

Administration is a form of insolvency with a view to the rescuing by the administrator of the company as a going concern or getting a better outcome for the creditors than a winding up on its own would achieve. The company can put itself into administration, or this can be initiated by a floating chargeholder or by an order of the court. Administration provides the company with a temporary protection against its creditors by imposing a moratorium on enforcement procedures without the permission of the court and no legal process (including legal proceedings) may be instituted or continued against the company or its